Allowed

Anil Kumar @ Kalu S/O Shri Chunnilal v. State of Rajasthan

Rajasthan HC27 Jul 2022CRLMB/10232/2022

Case brief

AI extract

What is this about?

This order grants bail to Anil Kumar accused of murder and other offences arising from a land dispute. The court accepted the self-defence plea and the fact that a co-accused was already on bail, allowing him to be released on a personal bond and sureties.

What did the court decide?

Accused-applicant Anil Kumar enlarged on bail upon furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Anil Kumar @ Kalu S/O Shri Chunnilal Vs State… — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10232/2022

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Anil Kumar @ Kalu S/o Shri Chunnilal, Aged About 28 Years, R/o Suliya, Police Station Bhawanimandi, Dist. Jhalawar (At Present Confined In Sub Jail Bhawanimandi).

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----Applicant

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Versus

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State Of Rajasthan, Through Its Public Prosecutor

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----Respondent For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Mr. Sher Singh Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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27/07/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The applicant was arrested in connection with FIR No.488/2021 registered at Police Station Bhawanimandi District Jhalawar for the offence(s) under Sections 341, 323, 307, 302, 325, 326, 34 of IPC.

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Learned counsel for the applicant has submitted that false allegation has been levelled against the applicant. The dispute arose because of a land between two relatives. The deceased is uncle of the applicant. Co-accused Chunnilal who is one of the primary accused has been enlarged on bail vide order dated 30.06.2022 by Co-ordinate Bench of this court. Conclusion of the trial will take its own time. In the matter at hand the applicant had right of self defense and the fight arose due to spur of the moment making him fall under the exception to Section 300

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(2 of 2)

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[CRLMB-10232/2022]

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IPC. Thus, crime scene on the site reflects that the incidence took place on the field/farm of the applicant’s father.

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Per contra, learned Public Prosecutor has opposed the bail application and has submitted that there are specific allegations made by both the witnesses and name of the applicant has been specifically mentioned as prime accused.

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Considering the arguments advanced by both the sides and looking to the suitability and overall facts and circumstances of the case, this court deems it fit to enlarge the accusedapplicant on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicant Anil Kumar @ Kalu S/o Shri Chunnilal shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(SAMEER JAIN),J

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JKP/16

Anil Kumar @ Kalu S/O Shri Chunnilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anil Kumar @ Kalu S/O Shri Chunnilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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